PART 1 Introduction

Citation, commencement and extent

1. —(1) These Regulations may be cited as the Road Vehicle Carbon Dioxide Emission Performance Standards (Cars, Vans and Heavy Duty Vehicles) (Amendment) Regulations 2022.

(2) These Regulations come into force at 11.00 p.m. on 31st December 2022.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation

2. In these Regulations—

“ Commission Delegated Regulation (EU) No 114/2013 ” means Commission Delegated Regulation (EU) No 114/2013 of 6 November 2012 supplementing Regulation (EU) No 510/2011 of the European Parliament and of the Council with regard to rules for the application for a derogation from the specific CO2 emissions targets for new light commercial vehicles( 3 );

“ Commission Implementing Decision (EU) 2020/1339 ” means Commission Implementing Decision (EU) 2020/1339 of 23 September 2020 on the approval pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council of efficient vehicle exterior lighting using light emitting diodes as an innovative technology for reducing CO2 emissions from certain light commercial vehicles in relation to the Worldwide Harmonised Light Vehicle Test Procedure( 4 );

“ Commission Implementing Decision (EU) 2020/1714 ” means Commission Implementing Decision (EU) 2020/1714 of 16 November 2020 amending Implementing Decision (EU) 2019/1119 as regards the testing methodology for certain not-off vehicle charging hybrid electric passenger cars and to take into account the use of alternative fuels and Implementing Decision (EU) 2020/1339 as regards rear position lamps( 5 );

“ Commission Implementing Decision (EU) 2020/1806 ” means Commission Implementing Decision (EU) 2020/1806 of 25 November 2020 on the approval of the use of the engine-on coasting function in passenger cars with internal combustion engines and in not off-vehicle charging hybrid electric passenger cars as an innovative technology pursuant to Regulation (EU) 2019/631 of the European Parliament and of the Council and repealing Commission Implementing Decisions 6 );

“ Commission Implementing Regulation (EU) 725/2011 ” means Commission Implementing Regulation (EU) No 725/2011 of 25 July 2011 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from passenger cars pursuant to Regulation 7 );

“ Commission Implementing Regulation (EU) 293/2012 ” means Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council( 8 );

“ Commission Implementing Regulation (EU) 427/2014 ” means Commission Implementing Regulation (EU) No 427/2014 of 25 April 2014 establishing a procedure for the approval and certification of innovative technologies for reducing CO2 emissions from light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council( 9 );

“ Commission Implementing Regulation (EU) 2017/1152 ” means Commission Implementing Regulation (EU) 2017/1152 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure with regard to light commercial vehicles and amending Implementing Regulation (EU) No 293/2012( 10 );

“ Commission Implementing Regulation (EU) 2017/1153 ” means Commission Implementing Regulation (EU) 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010( 11 );

“ Regulation (EU) No 1014/2010Regulation (EU) No 1014/2010 12 );

“ Regulation (EU) No 63/2011Regulation (EU) No 63/2011Article 11 of Regulation 13 );

“ Regulation (EU) 2018/956 ” means Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles( 14 );

“ Regulation (EU) 2019/631 ” means Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations 15 );

“ Regulation (EU) 2019/1242 ” means Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations Directive 96/53/EC 16 ).

PART 2 Cars and vans

CHAPTER 1 Regulation (EU) 2019/631

Amendments to Regulation (EU) 2019/631

3. —(1)Regulation (EU) 2019/631 is amended as follows.

(2) In Article 1(2) (subject matter and objectives), at the end insert “as it has effect in domestic law( 17 ), and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol( 18 )” .

(3) In Article 2 (scope)—

(a) in paragraph 1—

(i) in point (a), for “Annex II to Directive 2007/46/ECpassenger cars’)” substitute “Article 4 of Regulation (EU) 2018/858( 19 ), as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, Article 4 of Regulation (EU) 2018/858( 20 ) as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval) (‘passenger cars’),” ;

(ii) in point (b)—

(aa) for “Annex II to Directive 2007/46/EC “Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (in respect of vehicles with UK (NI) type-approval or EU type-approval),” ;

(bb) after “Article 2(2) of Regulation “as it has effect in domestic law( 21 ) (in respect of vehicles with GB type-approval) or, where relevant, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol( 22 ) (in respect of vehicles with UK (NI) type-approval or EU type-approval)” ;

(cc) for “ Directive 2007/46/EC “Regulation (EU) 2018/858 and Regulation ;

(b) for paragraph 3 substitute—

“ 3. This Regulation does not apply to special purpose vehicles as defined in:

(a) point 5 of Part A of Annex 1 to Regulation (EU) 2018/858, as that Regulation has effect in domestic law, in the case of vehicles with GB type-approval; or

(b) point 5 of Part A of Annex 1 to Regulation (EU) 2018/858, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, in the case of vehicles with UK (NI) type-approval or EU type-approval. ” .

(4) In Article 3(1) (definitions)—

(a) in point (b), for “Article 18 of Directive 2007/46/EC “Articles 36 and 37 of Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(b) in points (c) and (d), for “ Directive 2007/46/EC “Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(c) for point (f) substitute—

“ (f) “ manufacturer ” means the person or body responsible to the relevant approval authority for all aspects of:

(i) the GB type-approval procedure, the UK (NI) type-approval procedure or the EU type-approval procedure; and

(ii) for ensuring conformity of production. ” ;

(d) in point (g), for “Annex I to Directive 2007/46/EC “Annex 1 to Commission Implementing Regulation (EU) 2020/683, as it has effect in domestic law( 23 ), or, as the case may be, in point 2.6 of Annex 1 to Commission Implementing Regulation (EU) 2020/683 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol( 24 )” ;

(e) in point (h)—

(i) after “Regulation “, as that Regulation and its implementing Regulations have effect in domestic law or, as the case may be, as that Regulation and its implementing Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(ii) after “not type-approved in accordance with Regulation “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(iii) after “pursuant to Regulation “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(iv) after “Regulation (EU) 2017/1151,” insert “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(f) in point (i), for “Annex I to Directive 2007/46/EC “Annex 1 to Commission Implementing Regulation (EU) 2020/683, as it has effect in domestic law or, as the case may be, points 2.1 and 2.3 of Annex 1 to Commission Implementing Regulation (EU) 2020/683 as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(g) in point (l), after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, point 3.2.25 of Annex 11 to Regulation (EU) 2017/1151 as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(h) in point (m), after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(i) in point (n), for “Annex II to Directive 2007/46/EC “Article 2 of Commission Regulation (EU) 1230/2012( 25 ) or, as the case may be, paragraph 1.6 of Section A of Part 2 of Annex 8 to Regulation (EU) 2021/535( 26 ), as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(j) after point (p) insert—

“ (q) “ GB type-approval ” means the procedure whereby the approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, and “ GB type-approved ” is to be construed accordingly;

(r) “ UK (NI) type-approval ” means an EU type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, and “ UK (NI) type-approved ” is to be construed accordingly;

(s) “ EU type-approval ” means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time, and “ EU type-approved ” is to be construed accordingly;

(t) “ approval authority ” means the authority or authorities with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, for withdrawing or refusing type-approval certificates, for designating the technical services, and for ensuring that the manufacturer meets its obligations regarding the conformity of production;

(u) “ type-approval certificate ” means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is type-approved;

(v) “ the Northern Ireland Protocol ” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement. ” .

(5) In Article 7 (monitoring and reporting of average emissions)—

(a) in paragraph 1, after “Regulation “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(b) in paragraph 11—

(i) for “Annex II to Directive 2007/46/EC “Article 4 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(ii) after “Article 2(2) of Regulation “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” .

(6) In Article 10(4) (derogations for certain manufacturers), in point (c), after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” .

(7) In Article 12 (real-world CO2 emissions and fuel or energy consumption)—

(a) in paragraph 1, after “Regulation “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(b) in paragraph 3, after “Regulation “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(8) In Article 13 (verification of the CO2 emissions of vehicles in-service)—

(a) in paragraph 1, after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(b) in paragraph 2, after “Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(c) in paragraph 3, after “Chapter XI of Regulation (EU) 2018/858,” insert “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time or by virtue of the Northern Ireland Protocol,” .

(9) In Article 15 (review and report)—

(a) in paragraph 2, after “Regulation “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(b) in paragraph 7, for the words from “Regulations “Regulation Regulation (EU) 2017/1151, as those Regulations have effect in domestic law, and as those Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” .

(10) In Part A of Annex 1 (specific emissions targets for passenger cars)—

(a) in point 3—

(i) after “Annex XXI to Regulation (EU) 2017/1151” insert “, as it had effect in EU law immediately before IP completion day,” ;

(ii) after “Implementing Regulation (EU) 2017/1153” insert “, as it had effect in EU law immediately before IP completion day( 27 ),” ;

(b) in point 5, in point (a), for “NEDCCO2 is WLTPCO2 as defined in point 3” substitute “NEDCCO2 is NEDCCO2 as defined in point 3” ;

(c) in point 6.0, after “Article 7a of Implementing Regulation (EU) 2017/1153” insert “, as it had effect in EU law immediately before IP completion day” .

(11) In Part B of Annex 1 (specific emissions targets for light commercial vehicles)—

(a) in point 3—

(i) after “Annex XXI to Regulation (EU) 2017/1151” insert “, as it had effect in EU law immediately before IP completion day,” ;

(ii) after “Implementing Regulation (EU) 2017/1152,” insert “as it had effect in EU law immediately before IP completion day( 28 ),” ;

(b) in point 6.0, after “Article 7a of Implementing Regulation (EU) 2017/1152” insert “, as it had effect in EU law immediately before IP completion day” .

(12) In Part A of Annex 2 (collection of data on new passenger cars and determination of CO2 emissions monitoring information)—

(a) in point 3(a), for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval and EU type-approval” ;

(b) in point 3(c), before “national type-approval of small series” insert “GB type-approval of small series and” ;

(13) In Section 1 of Part B of Annex 2 (aggregated monitoring data), in the first column of the table—

(a) for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval and EU type-approval” ;

(b) before “national type-approval of small series” insert “GB type-approval of small series and” .

(14) In Section 2 of Part B of Annex 2 (detailed monitoring data – one vehicle record), in note (1), for “In the case of national type-approval of small series (NSS) or individual approval (IVA),” substitute “In the case of GB type-approval of small series or national type-approval of small series (both to be labelled as NSS), or individual approval (IVA),” .

(15) In Part A of Annex 3 (collection of data on new light commercial vehicles and determination of CO2 emissions monitoring information)—

(a) in point 1.1—

(i) in the words before point (a), for “EC type-approved” substitute “GB type-approved, UK (NI) type-approved and EU type-approved” ;

(ii) in point (q), at the end insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(b) in point 1.2.1.2, after “Annex XXI to Regulation (EU) 2017/1151” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(c) in point 1.2.2, after “Annex XXI to Regulation (EU) 2017/1151”, both times it occurs, insert “(as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)” ;

(d) in point 1.2.4—

(i) after “Annex XXI of Regulation (EU) 2017/1151”, each time it occurs, insert “(as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)” ;

(ii) for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval or EU type-approval” ;

(iii) in the key to Formula 2, after “Section 5 of Annex XII to Regulation “, as it had effect in EU law immediately before IP completion day( 29 )” ;

(e) in point 3—

(i) in point (a), for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval and EU type-approval” ;

(ii) in point (d), before “national type-approval of small series” insert “GB type-approval of small series and” .

(16) In Part B of Annex 3 (methodology for determining CO2 monitoring information for new light commercial vehicles), in paragraph 1—

(a) for “EC type-approval” substitute “type-approval (that being the total number of vehicles subject to GB type-approval, UK (NI) type-approval and EU type-approval)” ;

(b) before “and national type-approval of small series” insert “, GB type-approval of small series” .

(17) In Part C of Annex 3 (formats for transmission of data)—

(a) in Section 1, in the table entitled “aggregated monitoring data”—

(i) for “EC type-approval” substitute “GB type-approval, UK (NI) type-approval and EU type-approval” ;

(ii) before “national type-approval of small series” insert “GB type-approval of small series and” ;

(b) in Section 2—

(i) in the table entitled “detailed monitoring data — one vehicle record”, omit the row after row (w);

(ii) in note (2), for “In the case of national type-approval of small series (NSS) or individual approval (IVA),” substitute “In the case of GB type-approval of small series or national type-approval of small series (both to be labelled as NSS), or individual approval (IVA),” .

CHAPTER 2 Tertiary legislation made pursuant to Regulation (EU) 2019/631

Amendments to Commission Regulation (EU) 1014/2010

4. —(1) Commission Regulation (EU) 1014/2010 is amended as follows.

(2) In Article 1 (definitions)—

(a) in point (1), for “including the data specified in the third column of the table set out in Annex I to this Regulation” substitute “containing the data in point 1 of Part A of Annex 2 to Regulation (EU) 2019/631” ;

(b) in point (4), for “Article 3(18) of Directive 2007/46/EC “Article 3(24) of Regulation (EU) 2018/858, as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(c) in point (5), for “Article 2 of Regulation (EC) No 692/2008 “Article 2 of Regulation (EU) 2017/1151, as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” .

(3) In Article 3 (data sources)—

(a) in paragraph 1, for “Annex III and Annex VIII” to the end, substitute “Annex 2 and Annex 6 of Commission Implementing Regulation (EU) 2020/683, as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol.” ;

(b) in paragraph 5, for “Annex I to this Regulation” substitute “point 1 of Part A of Annex 2 to Regulation (EU) 2019/631” .

(4) In Article 7 (vehicles not covered by EC type-approval)—

(a) in the heading, for “EC type-approval” substitute “GB, UK (NI) or EU type-approval” ;

(b) in paragraph 1—

(i) before “national type-approval of small series” insert “GB type-approval of small series or” ;

(ii) for “Article 23 of Directive 2007/46/EC “Article 42 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(iii) for “Article 24 of that Directive” substitute “Article 45 of Regulation (EU) 2018/858 as it has effect in domestic law or, as the case may be, in accordance with Articles 44 and 45 of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(c) in paragraph 2, in point (b), for “vehicle types approved nationally in small series” substitute “vehicles with GB type-approval of small series or national type-approval of small series” .

(5) In Article 8 (list of manufacturers), in paragraph 1, for “Directive “ Regulation (EU) No 19/2011 30 ), as it has effect in domestic law, or Regulation (EU) 2021/535, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(6) For the table in Annex 1 (data sources) substitute “The relevant data sources are those set out in point 1 of Part A of Annex 2 to Regulation (EU) 2019/631.” .

Amendments to Commission Regulation (EU) No 63/2011

5. —(1)Regulation (EU) No 63/2011

(2) In Article 6 (reduction target for a derogation pursuant to Article 11(4) of Regulation (EC) No 443/2009 “45%” .

(3) In point 4 of Annex 2, for “25%” substitute “45%” .

(4) In the heading to Annex 5, for “25%” substitute “45%” .

Amendments to Commission Implementing Regulation (EU) 725/2011

6. —(1) Commission Implementing Regulation (EU) 725/2011 is amended as follows.

(2) In Article 2 (scope)—

(a) in paragraph 1—

(i) in points (b) and (d), for “Regulation “Regulation 31 ), in the case of vehicles with GB type-approval, and Regulation (EU) 2019/2144( 32 ), as it has effect in EU law as amended from time to time, in the case of vehicles with UK (NI) type-approval or EU type-approval” ;

(ii) in point (c), for “Regulations “Regulation 33 ), in the case of vehicles with GB type-approval, and Regulation (EU) 2019/2144 and Regulation (EU) 2020/740( 34 ), as those Regulations have effect in EU law as amended from time to time, in the case of vehicles with UK (NI) type-approval or EU type-approval” ;

(b) in paragraph 2, in point (b), for “ Directive 2007/46/EC “Regulation (EU) 2018/858, as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(c) in paragraph 3, in point (b), after “Regulation (EU) 2017/1151” insert “(as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)” .

(3) In Article 3 (definitions), in point (e)(i), for “points (a) and (b) of Article 41(3)” to the end, substitute “points (a) and (b) of Article 68(1) of Regulation (EU) 2018/858 (as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol) meeting the requirements set out in Article 73 of that Regulation, with the exception of technical services designated in accordance with Article 72(1) of that Regulation” .

(4) In Article 5 (baseline and eco-innovation), in paragraph 3, after “second subparagraph of point 1.2.3.1 of sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151,” insert “as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(5) In Article 11 (certification of CO2 savings from eco-innovations), in paragraph 1, for “an EC type-approval certificate” substitute “a GB type-approval certificate (the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is type-approved)” .

Amendments to Commission Implementing Regulation (EU) 293/2012

7. —(1) Commission Implementing Regulation (EU) 293/2012 is amended as follows.

(2) In Article 2 (definitions)—

(a) in the words before point (1), for “Article 2 of Commission Regulation “Article 2 of Regulation (EU) 2017/1151, as it has effect in domestic law and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(b) in point (1), for “including the data specified in the third column of the table set out in Annex I to this Regulation” substitute “containing the data set out in point 1.1 of Part A of Annex 3 to Regulation (EU) 2019/631” ;

(3) In Article 4 (data sources)—

(a) in paragraph 1, for “the table in Annex I to this Regulation” substitute “point 1.1 of Part A of Annex 3 to Regulation (EU) 2019/631” ;

(b) in paragraph 6, for “Annex I to this Regulation” substitute “point 1.1 of Part A of Annex 3 to Regulation (EU) 2019/631” ;

(c) in paragraph 10, at the end insert “, as it has effect in domestic law, and as it had effect in EU law immediately before IP completion day” .

(4) In Article 8 (vehicles not covered by EC type-approval)—

(a) in the heading, for “EC type-approval” substitute “GB, UK (NI) or EU type-approval” ;

(b) in the first paragraph—

(i) before “national type-approval of small series” insert “GB type-approval of small series and” ;

(ii) for “Article 23 of Directive 2007/46/EC “Article 42 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(iii) for “Article 24 of that Directive,” substitute “Article 45 of Regulation (EU) 2018/858, as it has effect in domestic law or, as the case may be, Articles 44 and 45 of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(c) in the second paragraph—

(i) for “Manufacturer name EU standard denomination” substitute “Manufacturer name UK standard denomination” ;

(ii) in point (b), for “vehicle types approved nationally in small series” substitute “vehicles with GB type-approval of small series or national type-approval of small series” .

(5) In Article 10 (additional information to be provided by manufacturers), in paragraph 3—

(a) for “point 1a.1 of Part A of Annex II to Regulation (EU) No 510/2011” substitute “point 1.2.3 of Part A of Annex 3 to Regulation (EU) 2019/631” ;

(b) for “point 1c. of Part A of Annex II to that Regulation” substitute “point 1.2.2 of Part A of Annex 3 to Regulation (EU) 2019/631” .

(6) In Article 10a (notification of errors by manufacturers), in paragraph 1, for “EC type approval” substitute “GB type-approval, UK (NI) type-approval or EU type-approval” .

(7) For the table in Annex 1 (data sources) substitute “The relevant data parameters are those set out in point 1.1 of Part A of Annex 3 to Regulation (EU) 2019/631.” .

Amendments to Commission Delegated Regulation (EU) No 114/2013

8. —(1) Commission Delegated Regulation (EU) No 114/2013 is amended as follows.

(2) In Article 6, in paragraph 1, for “Commission”, each time it occurs, substitute “Secretary of State” .

Amendments to Commission Implementing Regulation (EU) 427/2014

9. —(1) Commission Implementing Regulation (EU) 427/2014 is amended as follows.

(2) In Article 2 (scope)—

(a) in paragraph 1—

(i) in points (b) and (d), for “Regulation “Regulation Regulation (EU) 2019/2144 as it has effect in EU law as amended from time to time, in the case of vehicles with UK (NI) type-approval or EU type-approval” ;

(ii) in point (c), for “Regulation “Regulation Regulation (EU) 2019/2144 and Regulation (EU) 2020/740 as they have effect in EU law as amended from time to time, in the case of vehicles with UK (NI) type-approval or EU type-approval” ;

(b) in paragraph 2, in point (b), at the end insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(c) in paragraph 3, for “EC type-approved” substitute “GB type-approved” ;

(d) in paragraph 4, in point (b), after “Commission Regulation (EU) 2017/1151” insert “(as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)” .

(3) In Article 3 (definitions), in point (5)(a), for “Article 41(3)(a) and (b)” to the end substitute “Article 68(1)(a) and (b) of Regulation (EU) 2018/858 (as it has effect in domestic law, or as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol) meeting the requirements set out in Article 73 of that Regulation with the exception of technical services designated in accordance with Article 72(1) of that Regulation” .

(4) In Article 5 (baseline and eco-innovation), in paragraph 4, after “second subparagraph of point 1.2.3.1 of sub-Annex 6 or point 3.2.3.1 of sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151,” insert “as it has effect in domestic law, or as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(5) In Article 11 (certification of CO2 savings from eco-innovations), in paragraph 1, for “an EC type-approval certificate” substitute “a GB type-approval certificate” .

Commission Implementing Regulation (EU) 2017/1152

10. —(1) Commission Implementing Regulation (EU) 2017/1152 is amended as follows.

(2) In Article 2 (definitions), at the beginning, insert—

“ In this Regulation and its Annexes, any reference to a Regulation originating from the EU is to be read—

(a) where it relates to a calculation made or action taken before IP completion day, or otherwise to any period before IP completion day, as a reference to that Regulation as it had effect in EU law immediately before IP completion day;

(b) where it relates to a calculation made or action taken on or after IP completion day, or otherwise to any period after IP completion day, as a reference to that Regulation as it has effect in domestic law (for vehicles with GB type-approval) or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (for vehicles with UK (NI) type-approval or EU type-approval). ”

Commission Implementing Regulation (EU) 2017/1153

11. —(1) Commission Implementing Regulation (EU) 2017/1153 is amended as follows.

(2) In Article 2 (definitions), at the beginning, insert—

“ In this Regulation and its Annexes, any reference to a Regulation originating from the EU is to be read—

(a) where it relates to a calculation made or action taken before IP completion day, or otherwise to any period before IP completion day, as a reference to that Regulation as it had effect in EU law immediately before IP completion day;

(b) where it relates to a calculation made or action taken on or after IP completion day, or otherwise to any period after IP completion day, as a reference to that Regulation as it has effect in domestic law (for vehicles with GB type-approval) or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol (for vehicles with UK (NI) type-approval or EU type-approval). ”

Amendments to Commission Implementing Decision 2020/1339

12. —(1) Commission Implementing Decision 2020/1339 is amended as follows.

(2) In Article 1 (innovative technology), in the words before point (a), after “paragraph 1.1.4 of Appendix 2 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151” insert “, as that Regulation applies in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(3) In Article 3 (certification of CO2 savings), in paragraph 5, omit “and shall make that information available” to the end.

(4) Omit Article 5 (entry into force).

Revocation of Commission Implementing Decision 2020/1714

13. Commission Implementing Decision 2020/1714 is revoked.

Revocation of Commission Implementing Decision 2020/1806

14. Commission Implementing Decision 2020/1806 is revoked.

PART 3 Heavy duty vehicles

CHAPTER 1 Regulation (EU) 2018/956

Amendments to Regulation (EU) 2018/956

15. —(1)Regulation (EU) 2018/956 is amended as follows.

(2) In Article 2 (scope), in point (a), after “Regulation (EC) No 715/2007 “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(3) In Article 3 (definitions)—

(a) in point (a), after “Regulation “(as those Regulations have effect in domestic law( 35 ) or, as the case may be, as those Regulations have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol)” ;

(b) after point (b), insert “(c) “ the Northern Ireland Protocol ” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.” .

(4) In Article 7 (monitoring of the results of on-road verification tests), in paragraphs 1 and 2, after “Regulation (EC) No 595/2009 “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol( 36 ),” .

(5) In Article 9 (administrative fines), in paragraph 1, in point (a), after “Regulation (EC) No 595/2009 “as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(6) In Part A of Annex 1 (data to be monitored and reported by the Secretary of State)—

(a) in point (d), for “Appendix 2 to Annex II to Directive 2007/46/EC “Appendix 2 to Annex 1 to Regulation (EU) 2018/858, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(b) in point (g), for “point 2 of Annex IX to Directive 2007/46/EC “point 2 of Annex 8 to Regulation (EU) 2020/683, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(c) in point (k), for “Member States” substitute “the Secretary of State” .

(7) In Part B of Annex 1 (data to be monitored and reported by manufacturers of heavy-duty vehicles)—

(a) in table 1, in the heading of the second column, after “Annex I to Regulation (EU) 2017/2400” insert “, as it has effect in domestic law( 37 ), and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol( 38 )” ;

(b) in table 2—

(i) in the heading of the third column, after “Part I of Annex IV to Regulation (EU) 2017/2400,” insert “as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(ii) in the third column of the rows numbered 24 and 25, after “Appendix 1 to Annex VI to Regulation (EU) 2017/2400” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(iii) in the third column of the rows numbered 32 and 33, after “Appendix 1 to Annex VII to Regulation (EU) 2017/2400” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(iv) in the third column of the rows numbered 39 and 40, after “Appendix 1 to Annex X to Regulation (EU) 2017/2400” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(v) in the third column of the rows numbered 75, 76, 77, 78 and 101, after “Annex I to Regulation (EU) No 582/2011,” insert “as those provisions have effect in domestic law( 39 ) or, as the case may be, as those provisions have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol( 40 ),” ;

(vi) in footnote g, after “European Modular System (EMS) in accordance with” insert “the Road Vehicles (Construction and Use) Regulations 1986( 41 ) or, as the case may be,” .

CHAPTER 2 Regulation (EU) 2019/1242

Amendments to Regulation (EU) 2019/1242

16. —(1)Regulation (EU) 2019/1242 is amended as follows.

(2) In Article 2 (scope)—

(a) in paragraph 1, in the third subparagraph, for “Annex II to Directive 2007/46/EC “Article 4 of and Annex 1 to Regulation (EU) 2018/858, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(b) in paragraph 3, after “Regulation “, as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(3) In Article 3 (definitions)—

(a) in point (9), after “Regulation “as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(b) for point (10) substitute—

“ (10) “ manufacturer ” means the person or body responsible:

(a) either—

(i) for submitting the data related to new heavy-duty vehicles pursuant to Article 5 of Regulation (EU) 2018/956; or

(ii) in the case of zero-emission heavy-duty vehicles, to the relevant approval authority for all aspects of any of the following—

(aa) the GB type-approval procedure in accordance with Regulation (EU) 2018/858 as it has effect in domestic law;

(bb) the UK (NI) type-approval procedure in accordance with Regulation (EU) 2018/858 as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol;

(cc) the EU type-approval procedure in accordance with Regulation (EU) 2018/858 as it has effect has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol;

(dd) the individual type-approval procedure; and

(b) for ensuring conformity of production. ” ;

(c) in point (11)—

(i) after “Regulation “as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(ii) after “Regulation “, as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(d) after point (15) insert—

“ (16) “ GB type-approval ” means the procedure whereby the approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, and “ GB type-approved ” is to be construed accordingly;

(17) “ UK (NI) type-approval ” means an EU type-approval granted by the Secretary of State in respect of Northern Ireland in accordance with Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol, and “ UK (NI) type-approved ” is to be construed accordingly;

(18) “ EU type-approval ” means the procedure whereby an approval authority certifies that a type of vehicle, system, component or separate technical unit satisfies the relevant administrative provisions and technical requirements of Regulation (EU) 2018/858, as it has effect in EU law as amended from time to time, and “ EU type-approved ” is to be construed accordingly;

(19) “ approval authority ” means the authority or authorities with competence for all aspects of the type-approval of a vehicle, system, component or separate technical unit, or of the individual vehicle approval, for the authorisation process for parts and equipment, for issuing and, if appropriate, for withdrawing or refusing approval certificates, for designating the technical services, and for ensuring that the manufacturer meets its obligations regarding the conformity of production;

(20) “ type-approval certificate ” means the document whereby the approval authority officially certifies that a type of vehicle, system, component or separate technical unit is type-approved;

(21) “ the Northern Ireland Protocol ” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement. ” .

(4) In Article 9 (verification of the monitoring data), in paragraph 1, after “Article 9(4) of Regulation (EU) 2017/2400” insert “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .

(5) In Article 12 (real-world CO2 emissions and energy consumption)—

(a) in paragraph 1—

(i) after “the framework of Regulation “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(ii) after “point (b) of Article 5c of Regulation “, as it has effect in domestic law, and Article 5c of Regulation ;

(b) in paragraph 2, after “point (b) of Article 5c of Regulation “as it has effect in domestic law, and Article 5c of Regulation .

(6) In Article 13 (verification of the CO2 emissions of heavy-duty vehicles in-service)—

(a) in paragraph 1—

(i) after “Article 9(4) of Regulation (EU) 2017/2400” insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(ii) at the end insert “, as it has effect in domestic law or, as the case may be, as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(b) in paragraph 2—

(i) after “Regulation “as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(ii) after “that Regulation and its implementing measures,” insert “as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(c) in paragraph 3, after “Chapter XI of Regulation (EU) 2018/858” insert “(as it has effect in domestic law in the case of vehicles with GB type-approval, and as it has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol in the case of vehicles with UK (NI) type-approval)” .

(7) In Article 14 (amendments to Annexes I and II)—

(a) in paragraph 2, after “Regulation “, as that Regulation and its implementing measures have effect in domestic law, and as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” ;

(b) in paragraph 3, after “Article 12(1) of Regulation (EU) 2017/2400” insert “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” .

(8) In Article 15 (review and report), in paragraph 2—

(a) in point (b), for “ Directive 2009/33/EC “the Cleaner Road Transport Vehicles Regulations 2011( 42 ) and the Cleaner Road Transport Vehicles (Scotland) Regulations 2010( 43 )” ;

(b) in point (d), after “Regulation (EU) 2017/2400” insert “, as it has effect in domestic law, and as that Regulation has effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol” ;

(c) in point (g), for “Directive (EU) 2018/2001 of the European Parliament and of the Council” substitute “the Renewable Transport Fuel Obligation Order 2007( 44 )” .

(9) In Part 2 of Annex 2 (adjustment factors referred to in point (b) of Article 11(2)), after “Regulation (EC) No 595/2009 “, as that Regulation and its implementing measures have effect in domestic law or, as the case may be, as that Regulation and its implementing measures have effect in EU law as amended from time to time and by virtue of the Northern Ireland Protocol,” .